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Bombay High CourtCA/2188/2025admittedallowedgrantedrule absolute

Bhanudas Naroba More (Died) Thr. Lrs Govind Bhanudas More And ORS v. The State Of Maharashtra Thr Collector, Osmanabad

2025-02-26Hon'Ble Shri Justice Rohit W. Joshi2 pages

927-ca-2188-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

927 CIVIL APPLICATION NO. 2188 OF 2025 IN FA/3671/2023 BHANUDAS NAROBA MORE (DIED) THR. LRS GOVIND BHANUDAS MORE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD ...

Advocate for Applicant : Ms. Salkshi Kale h/f. Mr. Kale Ajeet B. Advocate for Respondent for respondent No.3 : Mr. Rahul A. Tambe ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

26th FEBRUARY, 2025 P.C.:

1.

Respondent/applicant has moved the present Civil Application seeking permission to withdraw the amount deposited by the appellant/respondent No.3 with this Court, as a condition for granting stay to execution of the impugned judgment and award. Stay was granted on condition of deposit of 50% as awarded under the impugned judgment and award.

2.

The parties make a statement that in connected matters i.e. Civil Application No.10116/2024 and other connected appeals the entire amount deposited by the appellant-acquiring body is allowed to be withdrawn by the respondent/land owner.

3.

In view of the aforesaid, the entire amount deposited by the

927-ca-2188-2025.odt appellant with this Court along with accrued interest is allowed to be withdrawn by the legal representatives of the sole respondent/applicant on furnishing usual undertaking. 4.

In view of the fact that the amount as directed has been deposited although belatedly and now the legal representatives of the sole respondent are also permitted to withdraw the amount deposited the interim order granted earlier stands confirmed. [ROHIT W. JOSHI J.] Narwade/